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  • Willie Flowers v. Nicholas Renfro

    46 F.4th 631 · Court of Appeals for the Seventh Circuit · Aug 19, 2022

    “Because qualified immunity pro- tects the public officer from the expense and distraction of having to stand trial when the conduct in question did not vi- olate clearly established law, the unavailability of an immedi- … If a determination of qualified immunity in a summary judgment motion depends on the resolution of fact questions, the order denying qualified immunity generally is not appeal- able. Johnson v.

    Cited 10 timesPublished
  • Advanced Bldg. & Fabrication, Inc. v. Cal. Highway Patrol

    918 F.3d 654 · Court of Appeals for the Ninth Circuit · Mar 13, 2019

    Honan contends that Ayers violated clearly established law by participating in the search. We agree. … DISCUSSION To survive a claim of qualified immunity, the plaintiff must show: "(1) that the right was violated; and (2) that the right was clearly established at the time of the alleged misconduct." Isayeva v.

    Cited 5 timesPublished
  • Farmer v. Perrill

    288 F.3d 1254 · Court of Appeals for the Tenth Circuit · May 3, 2002

    When a § 1983 defendant raises the defense of qualified immunity on summary judgment, the plaintiff must show the law was clearly established when the alleged violation occurred and must come forward with … sufficient facts to show the official violated that clearly established law.

    Cited 93 timesPublished
  • Ecclesiastical Order of the Ism of Am, Inc. v. Chasin

    845 F.2d 113 · Court of Appeals for the Sixth Circuit · Apr 18, 1988

    clearly established law and the information the official possessed. 483 U.S. at -, 107 S.Ct. at 3040 , 97 L.Ed.2d at 532 . … Applying this standard of qualified immunity, the district court correctly found that none of the actions taken by the defendants violated any of the plaintiffs’ clearly established constitutional or statutory rights.

    Cited 56 timesPublished
  • Florance v. Buchmeyer

    500 F. Supp. 2d 618 · District Court, N.D. Texas · Jul 31, 2007

    To determine whether a defendant is entitled to qualified immunity, the threshold question is whether, on the facts as alleged by plaintiff, a clearly established constitutional right would have been violated. … In addressing a claim of qualified immunity, a court must first determine whether the plaintiff has alleged a violation of a clearly established constitutional right, which is a purely legal question. Siegert v.

    Cited 31 timesPublished
  • Gregory Lambert, as Administrator of the Estate of Harrison Lambert v. Town of Merrimack, et al.

    2019 DNH 053 · District Court, D. New Hampshire · Aug 6, 2018

    Where, as here, the movant raises a qualified immunity defense, the nonmoving party has the burden of demonstrating that the law was clearly established during the relevant time period. See Mitchell v. … Construed generously, the Estate's objection contains citations to six decisions bearing on the clearly established prong of qualified immunity.

    Cited 0 timesPublished
  • Shawna Hess v. Carol Abels

    714 F.3d 1048 · Court of Appeals for the Eighth Circuit · Apr 26, 2013

    If it was not clearly established, regardless of whether Hess has articulated a constitutional violation, the City employees are entitled to qualified immunity. See Livers v. … There are two primary obstacles to Lesher’s capacity to serve as clearly established law for the purposes of this qualified immunity analysis.

    Cited 119 timesPublished
  • Nathan Rinne v. Greg Hasty

    140 F.4th 470 · Court of Appeals for the Eighth Circuit · Jun 9, 2025

    record violated a clearly established federal right.” … There are factual disputes as to these issues, and “[i]n order for us to reach [the Commissioners’] ‘legal argument’ that [they] . . . did not violate clearly established law, we would have to exceed our jurisdiction . .

    Cited 1 timesPublished
  • Wright v. Rolette County

    417 F.3d 879 · Court of Appeals for the Eighth Circuit · Aug 8, 2005

    If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine "whether the right was clearly established." Id. … I write separately in regards to section III.D.2 of the opinion, which discusses the clearly established prong of the qualified immunity inquiry.

    Cited 69 timesPublished
  • KOSHNICK v. LYNOTT

    District Court, D. New Jersey · Oct 15, 2021

    Judicial immunity was established to permit judges to render decisions “with independence and without fear of consequences.” Pierson v. … App’x 645 (3d Cir. 2005) (“The § 1983 qualified immunity analysis applies equally to claims brought against public officials under § 1985; if an official is immune from suit under § 1983, that official also is immunized

    Cited 0 timesUnknown
  • Sheck Mulbah v. Cody Jansen

    55 F.4th 1164 · Court of Appeals for the Eighth Circuit · Dec 22, 2022

    The district court found a genuine dispute of material fact about whether there was probable cause to stop the van and also found the law governing the stop was clearly established. … Similarly, to determine whether Jansen violated clearly established law, we need to know what happened.

    Cited 1 timesPublished
  • Kenneth Bailey v. Shawn T. Swindell

    940 F.3d 1295 · Court of Appeals for the Eleventh Circuit · Oct 16, 2019

    ,” and qualified immunity applies. … established’ step of the qualified-immunity analysis.”

    Cited 11 timesPublished
  • Lee v. Brown

    232 N.J. 114 · Supreme Court of New Jersey · Feb 21, 2018

    The panel held that they were entitled only to qualified immunity. … The TCA effectuates the Legislature's intent to establish immunity for government action as the rule and liability as the exception.

    Cited 101 timesPublished
  • Bolden v. Village of Monticello

    344 F. Supp. 2d 407 · District Court, S.D. New York · Nov 4, 2004

    Qualified Immunity Qualified immunity shields a public official from civil liability when his conduct “does not violate a clearly established statutory or constitutional right.” Richardson v. … As noted above, a police officer is entitled to qualified immunity if (1) his conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for the officer to believe his conduct

    Cited 15 timesPublished
  • Jessica McKee v. Jessica Brady

    Court of Appeals for the Eighth Circuit · Aug 17, 2026

    “Government officials performing discretionary functions are entitled to qualified immunity unless they violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … We therefore conclude that Brady is entitled to qualified immunity.

    Cited 0 timesPublished
  • Betances v. Fischer

    519 F. App'x 39 · Court of Appeals for the Second Circuit · Jun 4, 2013

    Arguing that they were entitled to qualified immunity on the ground that the law was not clearly established at the time of their challenged conduct, defendants moved to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). … The district court denied the motions, ruling that plaintiffs’ rights became clearly established when this Court decided Earley v.

    Cited 12 timesPublished
  • Rancho del Oso Pardo, Inc. v. New Mexico Department of Game and Fish

    District Court, D. New Mexico · Dec 21, 2020

    Qualified Immunity Qualified immunity protects public officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional … right was clearly established.

    Cited 0 timesUnknown
  • Morgan v. Stringer

    945 F. Supp. 1129 · District Court, N.D. Illinois · Nov 12, 1996

    established constitutional right at the time that they acted (consistently with that reason for the rule, Harlow, id. at 818, 102 S.Ct. at 2738 stressed the notion that motions for summary judgment on qualified immunity … The principles of qualified immunity that we reaffirm today require that Anderson be permitted to argue that he is entitled to *1132 summary judgment on the ground that, in light of the clearly established principles governing

    Cited 3 timesPublished
  • Julian C. Lee v. Jake Gregory, United States of America, and the Federal Bureau of Investigation

    363 F.3d 931 · Court of Appeals for the Ninth Circuit · Apr 7, 2004

    Gregory moved for summary judgment on qualified immunity grounds. … Although the facts in Mendocino Environmental Center are different from the facts in issue here, “[a]n officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel

    Cited 66 timesPublished
  • John Hogan v. City of Corpus Christi, Texas

    722 F.3d 725 · Court of Appeals for the Fifth Circuit · Jul 15, 2013

    ’s motion for summary judgment predicated upon qualified immunity: “First, the district court decides that a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”10

    Cited 88 timesPublished

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